1 2025:CGHC:52913 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8583 of 2025 Kiran Mahilang W/o Shailendra Mahilang Aged About 36 Years R/o Village - Damapur, Police Station - Fasterpur Setganga, Tahsil And District Mungeli Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Fasterpur, District - Mungeli (C.G.) ---- Respondent For Applicant : Mr. Dharmesh Srivastava, Advocate For Respondent/State : Mr. Vivek Sharma, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 30/10/2025 1. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail. The applicant is arrested in connection with Crime No.36/2025, registered at Police Station- Fasterpur, Setganga, District Mungeli (C.G.) for the offence punishable under Sections 103(1), 3(5) of BNS, 2023 (corresponding Section 302, 34 of IPC). VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.10.31 11:52:05 +0530 2 2. Brief facts of this case; it is alleged that the present applicant has committed an offence under section 103(1), 3(5) of Bharatiya Nyaya Sanhita, 2023. Allegation against the present applicant is that she along with other co-accused persons have committed murder of the deceased, though the present applicant was neither present at the spot nor any role attributed by the present applicant in crime in question, but due to a dispute, her name has wrongly been mentioned to implicate all the family members and there is no motive to cause death and there were no custodial interrogation of the present applicant is required. It is respectfully submitted by the present applicant that the police has seized club allegedly from her possession but the club was seized from her house and no blood stain found over it but only on the basis of false and fabricated report against the present applicant was lodged due to a dispute between the parties regarding water supply between their field, the police implicated and arrested the present applicant in crime in question, though she was present in the house on the date and time of incident. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has falsely been implicated in the alleged crime, she has not committed any offence as alleged against her. He further contended that the applicant is 36 years old lady and she having children. He further contended that the other co-accused persons have committed crime in question and no prima facie case is established by the prosecution against the present applicant involving him in the 3 alleged offence. He further contended that there is no previous antecedent of the applicant. The prosecution has also not shown mens rea and no documents have been submitted by the prosecution to show that the present applicant was involved in the above said the offence, the applicant is in jail since 13.07.2025 and and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 5. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and further considering the involvement of the applicant in crime in question. Further considering that the applicant is 36 years old lady and she has having children and there is no previous antecedent of the applicant as submitted by the counsel for the parties. It is also considering that the main accused of this case are Shailendra Mahilang, Labho Mahilong, Suraj Mahilang and Priyanshu Mahilang and the applicant is not the main accused and she is in jail since 13.07.2025, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant involved in Crime No.36/2025, registered at Police Station- Fasterpur, Setganga, District Mungeli (C.G.) for the offence 4 punishable under Sections 103(1), 3(5) of BNS, 2023 (corresponding Section 302, 34 of IPC), be released on bail on her furnishing a personal bond of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions : (i) The applicant shall file an undertaking to the effect that he/she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of BNS, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of BNS, 2023. 5 (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant